SHANTIBHAI Vs. MAHADEO GOVIND JOSHI

JUDGEMENT

(1.) THIS is a petition under section 81 of the Representation of the People Act by an elector, who incidentally happens to be the husband of respondent No. 2 one of the defeated candidates. It is in challenge of the election of respondent No. 1 Mahadeo Govind Joshi in the Madhya Pradesh Ujjain North Vidhan Sabha constituency No. 245. In the petition a large number of grounds have been alleged including appeal to religion and threat of divine displeasure; but at the final stages the petitioner has restricted himself only to one heading which is numbered 1 in the issues, concerning the alleged disqualification of respondent No. 1 under Article 191 (1) (a) of the Constitution as he was holding three offices of profit under either the State Government or the Union Government in the Western Railway Administration.

(2.) THE petitioner's allegation is that, having held at the time of the election three different offices of profit, one under the Union Government in the Western Railway Administration and two others under the Madhya Pradesh State Government, the respondent No. 1 was disqualified and the election has to be declared void under section 100 (1) (a) of the Representation of the People Act-

(3.) THOUGH the issue has mentioned Central Railway Administration as well, the documents produced relate only to the Western Railway Administration. But this does not make any material difference because the holding of an office of profit under any of the railway administrations is really the holding of such office under the Union Government and as such a disqualification for the membership either of the Union or of any State Legislature. In February 1962 the Western Railway Administration addressed a letter offering the respondent a place in "the panel of railway pleaders for conducting suits filed by or against the Union of India represented by the Western' Railway in the Courts of Ujjain on the following terms and conditions of fees". This is exhibited at P/1. There are as many as 16 headings most of which relate to fees but some of which have a farther effect. We are concerned with conditions in paragraphs 9 and 13:- "9 Acceptance of briefs against any Railway in any court will not be allowed." "13 You will be expected to watch cases coming up for hearing against this Railway